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2011 Supreme(AP) 1030

High Court of Andhra Pradesh
GHULAM MOHAMMED & NOOTY RAMAMOHANA RAO
Dr. A. Vijaya Kumar Babu
Versus
Osmania University rep. by its Registrar & Another
W.A.No.52 of 2011
Decided on : 22-11-2011

Advocates Appeared:
For the Appellant:M. Venkateswari Advocate.
For the Respondents:R1, Deepak Bhattacharjee, S.C. for Osmania University, R2, Y. Ashok Raj, Advocates.

Headnote:A) SERVICE LAW – Where the appointment to the post of Professor in the Department of Ancient Indian History, Culture and Archaeology after four years of appointment is challenged by the petitioner without making the expert body recommending the appointment and where the selected as well as the petitioners are both the readers in the concerned department, the writ petition is dismissed as no mala fides are attributed. Writ appeal was also dismissed on merits,

Judgment :-

G.M, J.

1. This appeal is directed against the order dated 25.11.2010 passed in W.P.No.24277 of 2000 by a learned single Judge of this Court, whereby the Writ Petition filed by the appellant questioning the appointment of the second respondent as Professor in the department of AIHC & A, Osmania University as contrary to the qualifications needed to the said post and for a consequential direction to the first respondent to appoint the appellant as Professor, was dismissed.

2. The facts in brief are that the appellant and second respondent were working as Readers by the year 1993 in the Osmania University, first respondent herein. Pursuant to the notification issued by the University on 12.07.1993 inviting applications for the post of Professor in the Department of History, the appellant and second respondent had applied. The Selection Committee constituted for that purpose selected second respondent and the Board of Management accepted the recommendations. Consequently, second respondent was appointed as Professor, through order, dated 05.12.1994. The appellant challenged the same contending that the second respondent does not possess the basic qualifications for the post of Professor and still the first respondent selected and appointed him. He further contended that he possesses the relevant qualifications mentioned in the notification and there is no justification on the part of first respondent in not appointing him as Professor.

3. The learned single Judge, while referring to the notification, dated 12.07.1993, observed that the University stipulated the qualifications for the post. The nomenclature of the post itself is the one in the Department of Ancient Indian History, Culture and Archeology, which is basically in the department of History and it connotes with specialization in that subject. The word Archeology occurs together with Culture only to denote one of the areas of specialization. Since there was no restriction for submission of applications, the second respondent applied and the Selection Committee considered his case. The learned single Judge further observed that the various allegations made by the appellant as to the holding of qualifications by the second respondent are belied by the recitals in the order of appointment itself. It is clearly mentioned that the second respondent is a Post Graduate and a Doctorate from the Osmania University and from the fact that he was occupying the post of Reader discloses that he holds all requisite qualifications. The learned single Judge further observed that the Selection Committee is not made as a party and it is settled principle of law that the recommendations made by an expert body like a Selection Committee cannot be reviewed by this Court, unless any mala fides were attributed to the members thereof and ultimately dismissed the Writ Petition the appellant has since retired from service.

4. Smt.M.Venkateswari, learned counsel for the appellant contended that the notification itself is for filling up the post of Professor in Ancient Indian History, Culture and Archaeology and though the appellant is having vast experience in the said subject, he has been ignored, but whereas, the second respondent, who belongs to History Department and was not eligible to apply to the post at all, was selected.

5. As rightly observed by the learned single Judge, the Selection Committee is not made a party to the proceedings and it is settled principle of law that the recommendations made by an expert body like a Selection Committee, cannot be reviewed by this Court unless any mala fides were attributed to the members thereof. The second respondent is a Post Graduate and a Doctorate from the Osmania University and he was also holding the post of Reader in the University. Further, the present post required to be filled in belongs to the department of Ancient Indian History and the specialization was in the Ancient Indian History. When the Selection Committee selected t


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